Research On Equity Inheritance Of Limited Liability Company

With the continuous development of the economy,more and more limited liability company planning is focused on the future,in order to achieve sustainable development of the enterprise.As an important link of the transition between new and old shareholders,equity inheritance is of great importance to the realization of highquality sustainable development of enterprises.The system design of equity inheritance is nothing more than to maintain the dynamic balance of corporate compatibility and shareholders’ rights and interests.The biggest worry about new shareholders is that they will destroy the company’s human integrity.Theoretically speaking,the essence of equity is a kind of property right,and the existence of the beneficial right is to realize the right of self-interest better.So the equity should be inherited in its entirety.In order to avoid damaging the compatibility and affecting the future development of the company,the company should try its best to get involved in equity inheritance before taking the initiative to formulate regulations in favor of the company.The proviso of Article 75 of the Company Law gives the company the right to use the provisions of the articles of association to maintain the incorporation of the enterprise.However,there are no detailed provisions on how to make it clear.Foreign laws can draw lessons from the issue of equity succession and the rules of the articles of association.Work together to make provisions suitable for the development of the company while taking into account the interests of the heirs.This paper is divided into the following four parts:Chapter one is to investigate the current situation of equity inheritance in our country.From the theoretical analysis,the current regulations on equity succession in China are very sketchy,but the provisions in Article 75 of the Company Law are very clever,giving the possibility to protect the inheritance right of heirs and the compatibility of company people in practice.The other provisions that may be applicable to the inheritance of equity are the provisions on inheritance in the succession section of the Civil Code and the provisions on the division of equity between husband and wife after divorce in the Marriage and family section.In practice,the judgment of different courts on equity inheritance is not uniform,and there are some problems,such as confusion in the use of inheritance terms,unclear time node of equity inheritance,unclear effect of regulations on equity inheritance,and lack of relevant legal provisions in the case of uninherited or multi-person inheritance.The second chapter mainly combs the relevant theoretical concepts of equity inheritance.Shareholder qualification inheritance stipulated in the law should be corrected to equity inheritance,shareholder qualification inheritance is only a part of equity inheritance.Equity is a new type of independent right with both self-interest right and co-interest right,which is essentially a property right.The compatibility of persons in a limited liability company is far weaker than that in a partnership,and the ultimate purpose of the relationship and trust between shareholders is to better serve the property attribute of equity,so equity is inheritable without doubt.In addition,there is no need to consider the human compatibility in the process of equity inheritance.If the company worries that the entry of new shareholders will destroy the human compatibility of the company,it should add provisions restricting or excluding shareholder inheritance in the articles of association to achieve the stability of development.The third chapter mainly searches for the provisions of equity inheritance in different legal systems.The common law system pays attention to the construction of the restrictive conditions of equity inheritance,through the explicit provisions of the legal heir should meet the conditions or need to perform the preceding procedures.In the civil law system,heirs can directly inherit equity rights,which focuses on the research on whether the heirs of deceased shareholders can inherit equity rights,which is highly theoretical.The fourth chapter,aiming at the shortcomings of the problem of share inheritance raised in the first chapter,the second chapter analyzes and interprets the concepts of share inheritance and shareholder qualification,and the third chapter refers to foreign countries’ share inheritance system,combining with the specific conditions of our country,proposes that the time of share inheritance should be made clear to the decedent’s death.Relevant administrative departments can issue relevant articles of association templates to guide and help the company to develop reasonable articles of association.Meanwhile,the articles of association can also protect the company’s personal compatibility by setting shareholder succession requirements for a certain proportion of shareholders to agree to inherit,designating specific successors to inherit equity rights,excluding equity succession but compensating corresponding property interests,etc.At the same time,the share repurchase system can be applied in the case of no inheritance due to inheritance,and a right exercisher can be selected in the case of multiple inheritance to improve the efficiency of multiple people exercising equity.